What is an Attorney?

An attorney (in the context of a Lasting Power of Attorney) is someone you appoint to make decisions on your behalf if you become unable to make them yourself. This is different from a lawyer - in this context, "attorney" simply means your chosen representative.

What can an attorney do?

It depends on which type of LPA you've made:

Property and Financial Affairs Attorney

• Manage your bank accounts
• Pay bills and debts
• Collect benefits or pension
• Buy or sell property
• Manage investments
• Deal with your tax affairs

Health and Welfare Attorney

• Decide where you live
• Make decisions about your daily care
• Consent to or refuse medical treatment
• Decide about life-sustaining treatment (if you've given them this power)

Attorney's duties

Attorneys have legal duties, including:

• Acting in your best interests at all times
• Following the principles of the Mental Capacity Act
• Keeping your money and assets separate from their own
• Keeping records and accounts
• Not taking advantage of their position

What happens if an attorney acts wrongly?

Attorneys can be held accountable. If they misuse their powers:

• They can be removed by the Court of Protection
• They may have to repay money they've misused
• In serious cases, they can face criminal prosecution

Can an attorney be paid?

Attorneys can claim reasonable out-of-pocket expenses. Professional attorneys can charge for their services, but lay attorneys (family and friends) aren't usually paid beyond expenses. See our guide on choosing attorneys.